First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0373.01 Kristen Forrestal x4217SENATE BILL 15-107
                   SENATE SPONSORSHIP
 Heath, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Business, Labor, & Technology
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the classification of independent contractors by
            the department of labor and employment.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Pursuant to the "Colorado Employment Security Act", service
       performed by an individual for another is deemed to be employment
       irrespective of whether the common-law relationship of master and
       servant exists, unless it is shown to the satisfaction of the division of
       labor in the department of labor and employment (division) that the
       individual is free from control and direction in the performance of the
       service. The bill removes the requirement that freedom from control and
       direction must be shown "to the satisfaction of the division".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 8-70-115, amend (1)
       (b) as follows:
            8-70-115.  Employment - "Federal Unemployment Tax Act".
       (1) (b)  Notwithstanding any other provision of this subsection (1) and
       notwithstanding the provisions of section 8-80-101, service performed by
       an individual for another shall be is deemed to be employment,
       irrespective of whether the common-law relationship of master and
       servant exists, unless and until it is shown to the satisfaction of the
       division that such that the individual is free from control and direction
       in the performance of the service, both under his or her contract for the
       performance of service and in fact; and such the individual is
       customarily engaged in an independent trade, occupation, profession, or
       business related to the service performed. For purposes of this section, the
       degree of control exercised by the person for whom the service is
       performed over the performance of the service or over the individual
       performing the service, if exercised pursuant to the requirements of any
       state or federal statute or regulation, shall not be considered.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.